{
  "id": 2876792,
  "name": "Rosina De Benio and Angelina De Benio, Appellees, v. Catholic Order of Foresters, Appellant",
  "name_abbreviation": "De Benio v. Catholic Order of Foresters",
  "decision_date": "1915-10-05",
  "docket_number": "Gen. No. 20,872",
  "first_page": "616",
  "last_page": "618",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 616"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 240,
    "char_count": 3578,
    "ocr_confidence": 0.536,
    "pagerank": {
      "raw": 6.955229793705264e-08,
      "percentile": 0.4216977514905309
    },
    "sha256": "fc6c02f3ebd4ebc3afd22a2f398a8c9c66008f7ef685c66880cd6bf3b8f7322a",
    "simhash": "1:917d56d45085d19d",
    "word_count": 566
  },
  "last_updated": "2023-07-14T16:49:21.752065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Rosina De Benio and Angelina De Benio, Appellees, v. Catholic Order of Foresters, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Gridley\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Gridley"
      }
    ],
    "attorneys": [
      "Edmund S. Cummings, for appellant.",
      "Brown & Navigato, for appellees."
    ],
    "corrections": "",
    "head_matter": "Rosina De Benio and Angelina De Benio, Appellees, v. Catholic Order of Foresters, Appellant.\nGen. No. 20,872.\n(Not to he reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Oscar M. Torrison, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1914.\nAffirmed.\nOpinion filed October 5, 1915.\nRehearing denied October 15, 1915.\nStatement of the Case.\nAction by Eosina De Benio and Angelina De Benio, plaintiffs, against the Catholic Order of Foresters, defendant, in the Municipal Court of Chicago, to recover on a benefit certificate issued by defendant to Francesco De Benio for $2,000, payable on death of insured to plaintiffs, the beneficiaries named therein. From a judgment of $2,100 for plaintiffs, defendant appeals.\nIt appeared, in substance, that plaintiffs, at the time of death of insured, were his \u201cwife .and daughter,\u201d as they were described in the certificate, and in insured\u2019s application for membership in defendant\u2019s society. But at the time of such application, plaintiff Rosina and insured were living in adultery. Prior to death, insured secured a divorce from his wife, and contracted a valid marriage with plaintiff Rosina, and continued to live with her until death. Insured continuously remained a member of defendant\u2019s society until death, and was in good standing therein, defendant being ignorant of the facts aforesaid.\nThe defense, in substance, was that insured, in making application for membership in defendant\u2019s society, made false statements as to facts which were material to the risk, in that he stated in said application: \u201cI direct in case of my decease that all benefit to which I may be entitled * * * shall be paid to: $1,000 Rosina\u2014Angelina $1,000 each, dependent upon me as, the first my wife and second my daughter.\u201d\nThe defense also went on the ground that said application contained an agreement that \u201cany untrue or fraudulent statement\u201d or \u201cany concealment of facts\u201d made therein should operate to \u201cforfeit the rights of myself and my family, or dependents, to all benefits and privileges therein.\u201d\nIt was stipulated that proofs of death were duly made, and that if plaintiffs recovered they should recover $2,100, being the amount of benefit provided in the certificate, with interest.\nEdmund S. Cummings, for appellant.\nBrown & Navigato, for appellees.\nAbstract of the Decision.\nInsurance, \u00a7 821 \u2014when policy not avoided by false description of beneficiary. In an action to recover on a benefit certificate issued by defendant, a fraternal beneficiary society, the member falsely represented as his wife one of the beneficiaries named therein who in reality was a woman with whom insured was living in adultery, which false statement was also incorporated in the policy, but where insured contracted a legal marriage with such beneficiary prior to his death, a judgment for plaintiffs for $2,100, the amount of the certificate, with interest, held not erroneous, for the reason that statements in such certificates as to the relation which the designated beneficiary bears to insured are descriptio personae, not affecting the designation if the beneficiary is otherwise eligible, and because where the eligibility of a beneficiary depends on such beneficiary\u2019s sustaining a particular relation to insured, such eligibility is determinable as of the time of death of insured, and so determined, such statement was true.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0616-01",
  "first_page_order": 638,
  "last_page_order": 640
}